When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832. In principle, an easement gives the legal right to continue the…
An unwise decision taken in the heat of the moment which led to a land dispute is set to have permanent and costly consequences for a couple. They face a substantial legal costs bill after unsuccessfully resisting a neighbour’s application…
What is the issue? Flooding is a growing risk. Aside from physical damage caused by floods, if a property is at risk of flooding it may be difficult to: obtain a mortgage obtain suitable insurance cover, or sell the property. This…
It is normal for any building divided into flats to have rules relating to the use to which the flats can be put as well as other internal regulations. The potential scope of such regulations was tested in a recent…
Homeowners have a responsibility to ensure that they do not damage their neighbours’ properties and this includes a legal duty to keep their garden trees and shrubs under control. When a North London woman ignored her responsibilities in this regard,…
A couple who engaged a contractor to carry out work on their house have succeeded in their claim against the architect in respect of the cost of putting right defects in the contractor’s work. The couple bought a five-storey house…
With the new-build property market picking up, sales of ‘off-plan’ properties will be expected to rise. However, a recent case shows that buying a property in this way has potential pitfalls. It involved a couple who failed to complete the…
Homeowners who were directed by an adjudicator to pay almost £90,000 to builders who carried out an ambitious refurbishment of their property have failed to convince the High Court that they are entitled to a £40,000 set-off against that sum…
Since the House of Lords' decision in Aston Cantlow v Wallbank and another [2003] UKHL 37 chancel repair liability has earned notoriety amongst conveyancing practitioners. In that case, a land owner was faced with a claim from his local parochial…
Advances in technology, resulting from digitalisation of communications, have now made it possible for businesses to utilise small spaces in property for commercial purposes. The High Court has recently held that a tenant, which had taken a lease for 43…
